FIRE INS. EXCHANGE v. DIEHL

No. 100985, Calendar No. 10.

545 N.W.2d 602 (1996)

450 Mich. 678

FIRE INSURANCE EXCHANGE, Plaintiff-Appellant, v. Mary Ann DIEHL, Individually and as Next Friend of Evelyn Diehl, a Minor, Defendant-Appellees, and Clifford Buckmaster, Michelle Buckmaster, and Nathan Buckmaster, Defendants.

Supreme Court of Michigan.

Decided March 19, 1996.


Attorney(s) appearing for the Case

Harvey, Kruse, Westen & Milan by Michael F. Schmidt, Evelyn C. Tombers and Maurice A. Borden, Troy, for plaintiff.

Campbell, Keenan, Harry, Cooney & Karlstrom, P.C. by C. Daniel Harry, Clarkston, for defendants.


BRICKLEY, Chief Justice.

In this case we decide if a homeowner's insurance policy covers the injury resulting from a child actor's requests for the child victim to perform fellatio and the child victim's acquiescence. We find that the policy may cover the incidents if a jury finds that the injury resulting from the child actor's conduct was not reasonably foreseeable to a child of like age, ability, intelligence, and experience under like circumstances.

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